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Remotely Working in Brazil

Good Afternoon,

I wondered if anyone could help me on the situation we have at the moment.

I have one of our managers who has decided to hire a Sales person requesting for a UK contract, however this individual would work remotely in Brazil where they currently reside.

The individual is not working in the UK nor is eligible to work in the UK without a visa.  We do not have sponsorship therefore this is not a route we can go down either.  The individual will be working in the US and South America, however is not able to move to US until american visa is arranged, which can take some time.

This individual has an office at home and can travel temporary to the US to undertake meetings to carry out her role, however I have a number of questions regarding the situation.

Firstly if this individual is working remotely at home in Brazil, would we need take Brazilian labor law into consideration? Is there such a thing as liability insurance in Brazil if she is working at home? 

The individual has stated that she will take care of local taxes herself and we will add a clause in her contract to state this, however what does us as a company require to do in Brazil? Do we need to report this individual as an employee in Brazil? or UK.

Our head office is in UK and we have an office in US, however the US does not have any sales employees employed with only in UK.  Hence the reason behind the UK contract request.

any advice would be appreciated :)

Thanks

Claire

 

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  • Claire

    A Contract for Services rather than a Contract of Employment is almost certainly your best bet here - i.e. a business to business relationship.

  • Thanks Robert for the advice.

    Our Senior Manager has already stated that the individual will soon receive a contract of employment stating the benefits they would receive.  Yes, without consulting the joys.......

    Additionally the US visa that they wish to apply would require us to employ this individual.

     

     

  • Hi Claire

    I imagine that would be to employ them in the USA not having them reside in Brazil and travel between the two countries for meetings etc...

    Either way, if you wish to employ them in Brazil it would be under Brazilian employment law, and in the US it would be under their laws. It is where they reside permanently that will determine. Also, the 'taking care of own taxes' whilst being an employee in either country would almost certainly not be permitted. You would need to set up a payroll bureau arrangement, probably with a firm of accountants, to process and pay the individual, net of stoppages.

    Perhaps time to instruct US and Brazilian employment lawyers!!